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CIRCULAR No

CIRCULAR No. 04/2000/TT-BNG OF NOVEMBER 8, 2000 GUIDING THE GRANTING, EXTENSION, AMENDMENT, SUPPLEMENT AND MANAGEMENT OF DIPLOMATIC PASSPORTS AND OFFICIAL PASSPORTS IN THE COUNTRY ACCORDING TO THE GOVERNMENT�S DECREE No. 05/2000/ND-CP OF MARCH 3, 2000 ON VIETNAMESE CITIZENS� EXIT AND ENTRY

On March 3, 2000, the Government issued Decree No. 05/2000/ND-CP on exit and entry of Vietnamese citizens (hereafter called the Decree for short). The Ministry for Foreign Affairs hereby guides in detail the granting, extension, amendment, supplement and management of diplomatic passports and official passports in the country as follows:

I. GENERAL PROVISIONS

1. This Circular guides the implementation of the Decree�s provisions relating to the passport grantees, the valid duration, the procedures for passport granting, extension, amendment and supplement, and the responsibility for management of diplomatic passports and official passports (hereafter referred collectively to as the passports) in the country.

The granting, extension, amendment and supplement of passports in foreign countries shall not fall within the regulation scope of this Circular.

2. The Consular Department and the Department for Foreign Affairs of Ho Chi Minh City shall receive dossiers and settle the granting, extension, amendment and supplement of the passports in the country (hereafter called the passport-granting agencies for short).

3. The agencies� specimen seals, signatures and titles of the competent persons prescribed in Article 15 of the Decree, should be introduced in writing to the passport-granting agencies before the competent persons sign documents to send or permit officials, public servants, officers and career armymen (hereafter referred collectively to as officials and employees) to go abroad. For the persons authorized to send or permit officials and employees to go abroad, prescribed in Clause 3, Article 15 of the Decree, the introductory documents must be signed by the heads of the ministerial- or provincial- level agencies and clearly state the authorization scope.

4. Vietnamese citizens, who satisfy the conditions defined in Articles 7, 8 and 10 of the Decree, and request the passport granting, extension, amendment or supplement, may directly submit or authorize others to submit the dossiers according to the provisions of the Decree and this Circular.

In case of necessity, at the request of passport-granting agencies, the dossier-submitting persons should provide additional information or produce papers in order to clarify the subjects requesting the passport granting, extension, amendment or supplement.

5. Depending on the nature of each overseas trip, a Vietnamese citizens may use only one passport in such trip.

II. PASSPORT GRANTEES

(Articles 7 and 8 of the Decree)

1. The persons, who go abroad to perform "official duties", prescribed in Clauses 1 thru 4 of Article 7 and Article 8, being those assigned by State agencies, organizations, enterprises or units of the People�s Army or the People�s Police to perform the tasks compatible with the functions and tasks of such State agencies, organizations, enterprises or units.

2. The persons prescribed in Clause 2, Article 7 of the Decree, being officials of sectional or higher levels and chief-accountants of State enterprises established and operating under the State Enterprises Law of April 20, 1995 (their establishment must be decided by the Prime Minister, ministers or presidents of the provincial-level People�s Committees).

3. Persons, who accompany officials sent abroad for "working terms", prescribed in Clause 6 of Article 7 and Clause 9 of Article 8 of the Decree, being spouses and/or under-18 children of staff members of overseas Vietnamese missions, who are permitted to leave the country and live together with such members in separate households during their working terms at the overseas missions.

4. Persons "accompanying others on working journeys", prescribed in Clause 9, Article 8 of the Decree, being spouses and/or under-18 children of people prescribed in Clauses 1 thru 7, Article 8 of the Decree, who are permitted to accompany such people in their working trips abroad.

III. VALID DURATION OF PASSPORTS

(Article 5 of the Decree)

1. Passports granted to people prescribed in Clause 7 of Article 7 and Clause 11 of Article 8 of the Decree shall have the valid duration as follows:

- 01 year if the overseas working period is under 06 months;

- 02 years if the overseas working period is between 06 months and under 18 months;

- 05 years if the overseas working period is 18 months or more.

The above-mentioned passports may be extended once with the duration suitable to the working term, but for not more than 03 years.

2. Passports granted to under-18 children, prescribed in Clause 6 of Article 7, and Clause 9 of Article 8 of the Decree, shall be valid until the date such children are full 18 years old, but for not more than 05 years.

IV. PROCEDURES FOR GRANTING PASSPORTS

(Article 10 of the Decree)

The passport application dossier shall comply with the provisions of Article 10 of the Decree and meet the following requirements:

1. The dossiers must include 03 4x6 cm photos, taken with eyes looking straight, bare head, wearing no sun-glasses, taken for less than a year, 01 photo stuck to the declaration and sealed on its one-fourth, 02 enclosed therewith. Officers and career armymen in the People�s Army and the People�s Police, officials and employees of the branches with specific uniforms should submit photos taken in civilian clothings.

2. The documents to send or permit persons to go abroad should:

- Clearly state the full names and titles of the persons sent or permitted to go abroad, the country of destination, the period of overseas stay, the purposes and funding source for their trips;

- Be signed by the competent persons prescribed in Article 15 of the Decree (copied signatures shall not be used), and sealed with the agency�s stamp;

In cases where the passport applicant is an official of a State enterprise under the Prime Minister�s management, the document on sending or permitting him/her to go abroad must be signed by the Management Board Chairman (for members of the Management Board) or the General Director (for Deputy General Directors and other officials) and stamped with such enterprise�s seal.

- If the document comprises 02 pages or more, the pages must be stamped overlappingly;

- In case of any amendment or supplement to the document, the seal must be stamped on such amendment or supplement.

3. In cases where parents or patrons request the granting of common passports for their accompanying under-16 children:

a/ If parents or patrons are public employees, the documents on permitting them to go abroad must clearly state the full names and dates of birth of the accompanying children; the common declarations for passport granting must be stuck with such children�s photos, sealed and certified by the heads of the agencies, organizations or units directly managing the parents or patrons or by the chief police of the wards or communes where such children�s permanent residence or long-term temporary residence is registered.

b/ If parents or patrons are not persons defined at Item a above, the common declarations for passport granting must be stuck with such children�s photos, sealed and certified by the chief police of the wards or communes where such children�s permanent residence or long-term temporary residence is registered.

4. For those who accompany or visit members of overseas Vietnamese missions, prescribed in Clause 6 of Article 7 and Clause 9 of Article 8 of the Decree, the dossiers should also include the written opinions of the Foreign Ministry�s Department for Organization and Personnel.

5. For cases where the destination countries have not yet exempted visas for bearers of Vietnamese diplomatic passports and official passports, the copies of foreign parties� invitations or the information on the names of the inviting foreign organizations or individuals, the work contents,... must be additionally submitted to facilitate the making of diplomatic notes for visa application.

V. PROCEDURES FOR EXTENDING, AMENDING, SUPPLEMENTING OR RENEWING PASSPORTS

(Article 11 of the Decree)

1. Passport extension:

Before the expiry dates of the passports, the passport bearers may request the extension thereof. In cases where the passports have already expired, the procedures must be carried out for granting of new passports.

The dossier shall comprise:

- 01 application for passport extension (according to the set form);

- Passport;

- The documents to send or permit the applicant to go abroad, meeting the requirements prescribed at Item 2, Section IV of this Circular.

2. Passport amendment and supplement:

The dossier shall include:

- 01 application for passport amendment or supplement (according to the set form);

- Passport;

- Valid papers evidencing that the passport amendment or supplement is necessary.

3. Adding under-16 children to their parents or patrons� passports:

a/ For children who accompany their parents or patrons on working journeys, prescribed in Clause 9 of Article 8 of the Decree, the dossier shall comprise:

- 01 application (according to set form), stuck with the children�s photos, sealed and certified by the chief police of the wards or communes where such children�s permanent residence or long-term temporary residence is registered; enclosed with 02 3x4 cm photos, taken with eyes looking straight, bare head, without sun-glasses, taken for less than a year;

- The documents of the competent agencies prescribed in Article 15 of the Decree, on permitting parents or patrons to bring such children in their working journeys;

- Passport;

b/ For children who accompany or visit members of overseas Vietnamese missions, prescribed in Clause 6 of Article 7 and Clause 9 of Article 8 of the Decree, the dossier shall comprise:

- 01 application (according to set form), stuck with the children�s photos, sealed and certified by the chief police of the wards or communes where such children�s permanent residence or long-term temporary residence is registered; enclosed with 02 3x4 cm photos, taken with eyes looking straight, bare head, without sun-glasses, taken for less than a year;

- Passport;

- Written opinions of the Foreign Ministry�s Department for Organization and Personnel.

4. The passport-granting agencies shall consider the passport extension, amendment or supplement within 02 working days after receiving the complete and valid dossiers.

5. Passport renewing as the old passports have been worn out, ragged, run out of pages or expired (for passports already extended once):

The dossier shall be the same as the application for passport granting for the first time, enclosed with the old passport.

The passport-granting agencies shall examine the old passports; if affirming that the passports are valid and not torn or dirty at the personal identification and photo pages, they shall consider the granting of new passports within 05 working days after receiving the complete and valid dossiers and make announcement on the destruction of the old passports.

In case of any ground to doubt that old passports have been erased, have photos replaced, or have been torn or dirty at the personal identification or photo pages, not ensuring the accuracy of the personal identification details and photos in the passports, the passport-granting agencies shall request in writing the agencies granting the old passports to verify the cases. The latter shall have to give the reply within 10 working days after receiving such a request. The passport-granting agencies shall consider and decide the granting of passports for replacement within 05 working days after receiving the verification results.

VI. RESPONSIBILITIES TO MANAGE PERSONNEL AND PASSPORTS

(Article 16 of the Decree)

1. The persons competent to send or permit officials and employees to go abroad, prescribed in Article 15 of the Decree, shall have to manage personnel and organize the passport management:

- Bearing responsibility for the personnel they have sent or permitted to go abroad.

- Recovering and managing passports after each working trip abroad.

- Only handing passports to officials and employees who are sent to perform official duties according to the provisions of Articles 7 and 8 of the Decree.

- In case of passport loss, promptly informing the agency granting such passport thereof for issuance of invalidation notice. For passports granted by overseas Vietnamese missions, informing the Foreign Ministry�s Consular Department thereof.

- In cases where such persons� officials and employees have been transferred or dispatched to work at other agencies, organizations or units and passports already granted to them are still valid, the procedures must be carried out for the transfer of their passports to new managing agencies, organizations or units.

- In cases where officials and employees are no longer entitled to use diplomatic passports or official passports (pensioners, staff leavers, terminators of labor contracts, demobilized armymen, those who died or are missing,...) but the passports granted to them remain valid, such passports must be recovered and handed over to the passport-granting agencies for destruction.

2. The persons competent to send or permit officials and employees to go abroad, prescribed in Article 15 of the Decree, should elaborate the management regulation, specifying the responsibilities of persons or sections that directly manage the passports; the responsibilities of the passport holders; the opening of passport managing books; the mechanism for handing-over and receiving passports; the reporting regime and handling of violations.

3. The managing agencies defined in Clauses 2, 3 and 4, Article 15 of the Decree, shall have to coordinate with the passport-granting agencies in handling the wrong use of passports, causing consequences for external affairs, the overseas stay beyond prescribed timelimits, the change of trip purposes while being overseas and other cases at the requests of the passport-granting agencies or overseas Vietnamese missions.

VII. IMPLEMENTATION ORGANIZATION

1. The Consular Department shall study and issue forms of declaration and application prescribed in this Circular.

2. This Circular takes effect after its signing and replaces the provisions relating to the granting, extension, amendment or supplement of diplomatic passports and official passports in the country in the Foreign Ministry�s Circular No. 163 NG/TT of May 25, 1995 guiding the implementation of the Government�s Decree No. 24/CP of March 24, 1995 on exit and entry procedures.

For the Minister for Foreign Affairs

Vice Minister
NGUYEN VAN NGANH